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OCR: The second 1odar articulated even explicitly the legal standard ultimately adopted by the Ninth Circuit in this case Ralph Brown The Operation the Damage Provisions the Copyright MT Exploratory Study Copyright Office Study No. 86th Cong Sess. 85 Comm Print 1960} "Brown Study Surveying the prevailing case law the Brown Study explained that assessing fee requests DV prevailing defendants, the courts did "not usually make allowance it a1 unsuccessful plaintiff's clairm was not 'synthetic, capricious 10 otherwise unreasonable Ibid ETI support that conclusion. Brown Study cited seres of cases each one qt which had adopted precisely the standard later applied by the court appeals this case issue of fees to prevailing defend ants : Metro Associated Services v. Webster City Graphic 117 J F Supp 22 ...